What is accessing identifying information under the Migration Act 1958? Understanding what constitutes “identifying information” and how the Department of Home Affairs (DHA) utilises it is crucial. This information goes beyond just your name and address – it can encompass fingerprints, facial scans, and even voice recordings (in some cases).
Read on to learn more about accessing identifying information.
Relevant Acts that Govern Visa Information
The Migration Act 1958 and the Australian Citizenship Act 2007 are the cornerstones of collecting visa information in Australia. These acts ensure the DHA has the authority to request information, that they use the information for valid purposes like security checks and eligibility, and ensure protection of your privacy.
Moreover, the information collected is used to assess if you meet visa requirements, manage risk, and keep accurate records.
Accessing Identifying Information: Personal Identifiers
The concept of personal identifiers plays a crucial role in Australia’s immigration and citizenship processes. These identifiers are any piece of information that can be used to uniquely identify a person, encompassing both physical and digital formats. The definition provided in the passage includes various examples, such as:
- Biometric data (fingerprints, iris scans)
- Physical measurements (height and weight)
- Images (photographs); and
- Recordings (video and audio, depending on the Act)
The ability to include additional identifiers through regulations allows the system to adapt to new technologies.
It’s important to note that information obtained through intimate forensic procedures is not considered a personal identifier under this definition. Additionally, personal identifiers can sometimes be categorised as “identifying information” under specific situations within the Migration and Citizenship Acts.
The significance of personal identifiers lies in their role within immigration and citizenship processes. They are essential for verifying identities, preventing fraud, and maintaining national security. Ultimately, the definition helps ensure that these acts handle personal information responsibly and prioritise individual privacy.
Section 336C: Accessing Identifying Information
Section 336 outlines the the crime of unauthorised accessing identifying information. This applies to any information that can identify a person (like fingerprints or addresses). You can only access this information if you have permission (authorised under Section 336D) and for a valid reason. Note that if you access it without permission and for the wrong reason, you could be fined or even jailed for up to 2 years.
However, there are a few exceptions of Section 336C accessing identifying information:
- You can access the information if you believe it’s absolutely necessary to prevent serious harm to yourself or someone else.
- You can access information if it’s part of an official disclosure.
Section 336D: Authorising Access to Identifying Information
Section 336D of accessing identifying information explains who has authority to access your personal details. These people are:
- The Secretary or Australian Border Force Commissioner: These are the key figures who can grant permission for access.
- Authorised individuals: They can authorise specific people or entire groups to access your information.
Why can someone access this information? The authorisation can only be given for specific, legitimate reasons. These reasons include:
- Purposes related to immigration processes (as outlined in Section 5A(3) of the Act).
- Sharing your information as permitted by the Act.
- Managing the storage of your information securely.
- Providing you with access to your own information.
- Matching your information with other records for verification.
- Correcting any errors in your information.
- Fulfilling legal requirements under various Acts, including the Migration Act itself, the Australian Citizenship Act, the Customs Act, and other Commonwealth laws.
- Complying with broader laws across Australia.
Important restriction of Section 336D of accessing identifying information. There’s a limit to the purposes for which access can be granted. Moreover, they cannot involve investigating or prosecuting any offence (Commonwealth, State, or Territory) if the information includes a specific type of personal identifier designated by regulations.
When Does the DHA Share Your Information?
The DHA can share your personal information in specific situations. These include:
- Fighting fraud (Migration Act only)
- Verifying your identity (e.g., for travel documents)
- Securely managing your information
- Sharing with authorised foreign entities (Migration Act only)
- Providing you access to your information
- Verifying citizenship or visa status for government agencies
- Law enforcement investigations
- Information sharing agreements with other government bodies
- Legal proceedings
- Investigations by government oversight bodies
- Locating individuals’ identity information (Migration Act only)
- Other legal reasons or with your written consent The DHA is legally bound to protect your privacy and can only share information under these
Tips on Presenting Identity Information
Presenting your identifying information clearly to the DHA can expedite your application process. Here’s how:
- Double-check all details and provide everything requested to avoid delays.
- Use originals whenever possible. For copies, ensure high quality and adherence to DHA’s digital format requirements (if applicable).
- Non-English documents need certified translations. Some documents might require official certification by a notary public. Check the DHA’s specific requirements.
- Generally, certified copies suffice. However, the DHA might request originals in some cases. Keep copies for your records.
- Each application/visa type might have unique document format, translation, or certification requirements. Review the DHA’s instructions carefully.
- Opt for online submissions whenever available. It’s quicker and reduces the risk of lost documents.
- Mark all documents with your name, date of birth, and reference number (if applicable).
- If unsure about any document requirement, contact the DHA.
- Maintain a record of your application submission date and any communication with the DHA.
- Seek legal advice to ensure you follow all Australian immigration law standards.
Click here to read our article on disclosing identity information.
How Can We Help With Your Visa Application
JB Solicitors, with their expertise in immigration law, can provide invaluable assistance throughout the entire procedure. They can help ensure your application is accurate and complete, meeting all the DHA’s requirements for presenting identifying information.
Their guidance can be particularly helpful in situations where documents need translation, certification, or specific formatting. By partnering with JB Solicitors, you can:
- Approach the visa application process with more confidence
- Know your identifying information is handled professionally and securely
- Increasing your chances of a successful outcome on your visa application.
Contact us today if you need more information about accessing identity information.
